Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-02
APPLICATION FOR PATENT.

Va u
Where the claim was not located in accord.
ance with iaw.
Where several parties own separate and dis
tinct portions Of . claim, application for
pateht may be made by either for tn at portion
Of the claim owned by him; but where several
parties W undivided interests in n mining
claim al should join in an application for g
patent.
A person or association may purchase as
many placer iocstions 80 the local law admits.
and embrace them all In one application for q
patent.
Two or more lodes cannot bo embraced In
one application for u patent except for placer
claims embracing two or more lodes within
| their boundaries
Papers sworn TO before any person purport-
Ing to act as q deputy for the Register and Re-
| ceiver cannot be recorded rs evidence.
In all patents for mining claims situated
within the interior boundaries Of 0 town site
q clause Is inserted Excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and ali rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication of notice must be made a onlv
one newspaper for the period OF 60 DAYS.
Notice must be published 10 consecutive
weeks in weekly newspapers, and In daily
newspapers 90 days must elspse between the
frat and last insertions.
Where the Register d esignates the q ally Issue
OF q newspaper fer publication Of notices of a
mining application for patent ID Is not q COM
pliance with law TO change to the weekly edi-
ton of the same paper without authority of
tho Register.
The existence o. D salt spring on . tract OF
land withdrsws Ii from the operation u the
homestead and presumption lava. A hearing
Tor the purpose OF proving the Agricultural
character of such land IL not SLOWED. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale q separate and
distinct claim against each application which
1t Ia alleged conflicts with The premises owned
by such nd yerre claimant
The papers In an adverse claim, once hlod,
cannot be withdrawn, but boeome s q part of tho
record.
When an adverse claim has been hled it can.
not be amended so as TO einbr soe q larger per.
ton OF the premises than that described in tne
original adverse claim.
An adverse claim must be made out In
proper form and fiied in the proper local Office
during the period Of publication Of the appli-
cation for the patent 10 be effective.
1t is the duty OF the adverse claimant O
suit in proper form within the re-
CURED time, and IL he trusts The uncertain
medium OF the United States mail he must
abide the consequences, should the DELAY
ensue, through misfortune or accident. Should
the failure TO commence suit be the result of
the cor tupt or dishonest action Of his attorney.
the interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement la general terms, embody-
ing conclusions Of law. without stating the
facts specially. Will not he considered In evil
dence.
An adverse claimant should show q compIi.
ance with the local laws In recording Is claim
and In regard to expenditures. and shall hio a
copy Of the original notice of his location, and
Hh0W the nntnFA mr. RYtenf nf the NnnAfaft
alleged.
An allegation OF parties TO = suit that they
compose the company 10 sufficient, aud they
are not required to prove that they are tn
original ~locAtors or the identical par ties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is OF little. If any value. for agri.
cultural purposes, but is essential TO the
proper development Of mining claims. II
should be disposed OF under the Mining Act.
Whert lands containing v.iushis mineral
deposits have been included In al agricultural
entry. said entry will be cancelled rs any time
prior to issuance of patent, upon satisfactory
evidence OF the existence Of such valuable de.
posits.
Where valuable deposits of mineral are dis.
covered upon . tract sitter the same 1as been
entered AZ agricultural, but before I ,tent has
been fssuei, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be Cancelled 10
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered ON
Agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agriculture! College scrip cannot be
cefved In payment for claims.
ALIENS.
a foreigner may make q mining location
dispose OF It.. provided he becomes o citizen
before disposfng OF the mine. Proof that the
party was not q citizen before dtspoalnu Of his
claim must be afhrmatvely shown.
Locators and Intermediate owners. other
than applicants. win not be presumed aliens,
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of a mining claim sold TO an
alien cannot be patented while such owner 10
an alien; but on his declaration o become q
citizen his right dates back to his purchase.
sod ne may the-eupon secure United States
patent for his claim.
CROSS LEDaRs.
Revised Statutes. Section q sss.
Where two or more lodges cross or intersect
each other, priority OF title shall govern. and
such prior location shall be entitled to all ore
or mineral cont lined within the space of inter.
sscuon. put tho subsequent location shall have
tho right OF way through the space of inter.
section Tor the purpose Of the convenient
working OF the mine. And where two or more
VEINS unite the Oldest or prior location shall
take the vein below the point of union, In
GLIDING all the space Of intersection.
TUNNELS.
There 10 NO authority of law for a tunnel
location 5000 by 800 feet. A proper location
IL the width OF the tunnel for 5000 feet.
There 10 no provision OF law for patentiny
tunnel loo cations, but lodes discovered In run.
nlng q tunnel may be patented in like manner
as other lodes.
The right is granted to tunnel owners to
1000 feet OF each blind lode. not previously
known to exist. which may be discovered Ia
their tunnel.
When a lode is struck or discovered for the
nrst time In running q tunne the tunnel
owners have the option OF recording their
claim OF ] 500 feet all on one side OF the point
OF discovery or Intersection. or partly on one
side thereof and partly on the other.
Prospecting for blind lodes IL prohibited
the line OF a located tunnel while the tunnel
10 In progress, but OF or parties are in no wAy
debarred from prospecting for blind lodes or
running tunnels. so long - they keep withou ut
the line Of such tunnel. nl6tf